Federal panel says workers were fired by Blagojevich reps for being Republicans

A federal jury found Thursday that 16 former workers with the Illinois Department of Transportation were fired seven years ago by representatives of former Gov. Rod Blagojevich because they were Republicans. After nearly three days of deliberations, the federal panel found former IDOT Secretary T...

A federal jury found Thursday that 16 former workers with the Illinois Department of Transportation were fired seven years ago by representatives of former Gov. Rod Blagojevich because they were Republicans.

After nearly three days of deliberations, the federal panel found former IDOT Secretary Timothy Martin; Scott Doubet, who headed IDOT’s bureau of personnel management; and Mike Stout, now in charge of the traffic safety division, all acted within a scheme to root out Republicans in the early years of the Blagojevich administration.

“Our hope is that finally someone puts an end to this. Blagojevich campaigned back in 2002 that he would quit doing business as usual, and in fact he became a mastermind at doing the very same thing,” said Carl Draper, an attorney for one of the employees.

Closing arguments in the monthlong trial wrapped up Monday, and the jury deliberated until nearly 2 p.m. Thursday before finding for all the employees. Attorneys will return March 1 to begin the damages phase of the trial.

Draper said he will ask U.S. District Judge Michael Mihm to reinstate all the employees to their former positions with the state, a measure that would have profound impact on their pensions. Draper estimated the workers could get anywhere from $30,000 to $80,000 apiece if Mihm approves his request.

On March 7, the jury will return to Mihm’s courtroom and decide how much money, if any, the employees should get for lost wages and “general damages,” a legal term for how the employees should be compensated for how being fired affected their lives.

Plus, Draper said, the jury will decide if the state must pay his and the rest of the employees’ legal fees. In all, the damages could run into the millions.

The three men were sued as individuals, said Don Craven, another attorney for the former IDOT workers, and after Martin left IDOT, new agency Secretary Gary Hannig was added as a defendant, but no money damages are being sought from him. The only reason he was added was to allow for the reinstatement of the plaintiffs into IDOT positions and pension system.

The suit, filed in 2004, was moved to Peoria from Springfield when U.S. District Judge Jeanne Scott retired in 2010.

Throughout the trial, Martin, Doubet and Stout maintained the terminations were not political but needed to reduce the size of IDOT to save the state money.

“We are disappointed with the verdict, although we respect the court and the jury,” said Stephen Kaufmann, one of the Springfield lawyers appointed as special assistant attorneys general to represent the defendants, to the (Springfield) State Journal-Register. “We believe the evidence supports the fact that the Illinois Department of Transportation material reorganization that prompted the litigation was in response to budget constraints and never politically motivated at any time.”

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The former IDOT workers attended most if not all of the court sessions in the past several weeks. This week, tension ran high, and after the verdicts were announced, there was sobbing and Draper said he received “at least 20 hugs” from grateful employees.

Draper said he believed the verdict was the first of its kind within Illinois since the U.S. Supreme Court ruled in 1990 that political patronage could not be used for most state jobs. That decision, Rutan vs. The Republican Party of Illinois, was brought by a woman and two other employees who claimed they were denied promotions because they didn’t support the GOP.

“The legal standard is so high,” Draper said, “as you are dealing with motive. Most people are not likely going to write down their thoughts in e-mails or documents.”

Andy Kravetz can be reached at 686-3283 or akravetz@pjstar.com. Bernie Schoenburg contributed to this report.